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Webster's New World Law Dictionary » totality of the circumstances test
totality of the circumstances test
totality of the circumstances test definition - legal
n
A test originally formulated to evaluate whether a defendantÂ’s constitutional
rights were violated in the eliciting of a confession. It concentrates on
looking at all the circumstances surrounding the alleged violation rather than
only one or two aspects, as had been the case before. It had been used as a
measure of whether a defendantÂ’s privilege against self incrimination had been
violated, but since the advent of the Miranda
rule (1966), that use has become obsolete. It is now used to determine
whether a defendant consented to a warrantless search, and whether probable
cause exists for the issuing of a search warrant.
Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.
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